HomeMy WebLinkAbout02_Boone Residence CDP_PA2022-033CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 16, 2023
Agenda Item No. 2
SUBJECT: Boone Residence (PA2022-033)
▪Coastal Development Permit
SITE LOCATION: 408 Via Lido Nord
APPLICANT: Jacquelyn Gentes
OWNER: Michael Boone
PLANNER: David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: RM (Multiple Residential)
•Zoning District: RM (Multiple Residential)
•Coastal Land Use Plan Category: RM-E (Multiple Unit Residential) – (30.0 – 39.9
DU/AC)
•Coastal Zoning District: RM (Multiple Residential)
PROJECT SUMMARY
A coastal development permit to demolish an existing single-family residence and construct
a new 3,422-square-foot, two (2)-story, single-family residence with an attached 500-
square-foot two (2)-car garage. The project also includes additional appurtenances such as
site walls, fences, patios, drainage devices, and landscaping. A reconstructed seawall is
proposed for coastal hazard protection. All proposed development is located on private
property. The design complies with all applicable development standards, including height,
setbacks, and floor area limit; no deviations are requested.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment;
3)The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
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not have a significant effect on the environment due to unusual circumstances, does
not damage scenic resources within a state scenic highway, is not a hazardous waste
site, and is not identified as a historical resource; and
4)Adopt Draft Zoning Administrator Resolution No. _ approving the Coastal
Development Permit filed as PA2022-033 (Attachment No. ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is in the RM Coastal Zoning District, which provides for areas
appropriate for multi-unit residential developments containing attached or detached
dwelling units and is consistent with the City’s Coastal Land Use Plan, General Plan,
and Zoning Code. A coastal development permit is required for the project because
the property is on the waterfront and is not located in the Categorical Exclusion Area.
The property is not eligible for a waiver for de minimis development because the
property is located in the Coastal Commission’s Appeal Area.
• The property currently consists of one legal lot developed with a single-family
residence. The neighborhood is predominantly developed with two (2)-story,
single-family, and two (2)-family residences. The proposed design, bulk, and scale
of the development are consistent with the existing neighborhood pattern of
development and expected future development consistent with applicable
development standards (see Figure 1, below).
Figure 1: Oblique aerial image of neighborhood.
Subject Property
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• The proposed single-family dwelling and accessory structures conform to all
applicable development standards, including floor area limit, setbacks, height, and
off-street parking as evidenced by the project plans and illustrated in Table 1.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front (Channel) None 10 feet
Sides 3 feet 3 feet
Second Frontage (street) 4 feet 4 feet
Allowable Floor Area (max.) 4,363 square feet 3,522 square feet1
Open Volume Area (min.) 374 square feet 903 square feet
Parking (min.) 2-car garage 2-car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
24 feet excluding chimneys
Hazards
• A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated January 27, 2022, for the project. The current maximum bay
water elevation is 7.7 feet based on the North American Vertical Datum of 1988
(NAVD 88). The report analyzes future sea level rise scenarios assuming a 3.05-
foot increase in the maximum water level over the next 75 years (i.e., the life of the
structure). Therefore, the sea level is estimated to reach approximately 10.75 feet
NAVD 88 (the likely range for sea level rise over the 75-year design life of the
structure based on low-risk aversion estimates for sea level rise provided by the
State of California, Sea Level Rise Guidance: 2018 Update).
• On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential
Facilities. The guidelines require that any bulkhead structure permitted within the
years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet
NAVD 88 with a design for adaptability elevation of 14.4 feet NAVD 88. The
existing seawall elevation is 12.8 feet NAVD 88 and is adaptable to 14.4 feet NAVD
88. The project includes the alteration of the existing seawall, which includes
removing a portion of the seawall to provide a private walkway that leads to the
shore. The stairs of the walkway are located on private property and the top of
concrete deck is 11.04 feet NAVD 88. Both the existing retaining wall and new
concrete deck are above the minimum 10.9 feet NAVD 88 requirement. The
Coastal Hazard Report concludes that the seawall, as altered, will not require
additional shoreline protective devices as the existing wall is adequate and can be
1 The proposed residence is 3,422 square feet in livable area with an attached 500-square-foot two-car garage (total of
3,922 gross square feet). However, per Table 21.18-4 of NBMC Section 21.18.030 (Residential Coastal Zoning Districts
General Development Standards), up to 200 square feet of floor area per required parking space devoted to enclosed
parking shall not be included in calculations of total gross floor area.
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Boone Residence (PA2022-033)
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raised to 14.4 feet NAVD 88, making the project safe from flooding hazards for the
next 75 years.
• The finish floor elevation of the proposed single-family residence is 11.4 feet NAVD
88, which complies with the minimum 9.0-foot NAVD 88 elevation standard.
• The property owner will also be required to acknowledge any hazards present at the
site and unconditionally waive any claim to damage or liability against the decision
authority, consistent with Section 21.30.015(D)(3)(c) – (General Site Planning and
Development Standards) of the Newport Beach Municipal Code (NBMC). The
Acknowledgement of Coastal Hazards is included as a condition of approval that will
need to be satisfied before the issuance of building permits.
• The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved before the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC before building permit issuance.
Water Quality
• Under Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to
the proximity of the development to the shoreline and the development containing
more than 75 percent of impervious surface area, a Water Quality and Management
Plan (WQMP) is required. A preliminary WQMP has been prepared for the project by
Forkert Engineering and Surveying, Inc., dated December 10, 2021. The WQMP
includes a polluted runoff and hydrologic site characterization, a sizing standard for
BMPs, the use of a LID approach to retain the design storm runoff volume on-site,
and documentation of the expected effectiveness of the proposed BMPs.
Construction plans will be reviewed for compliance with the approved WQMP before
building permit issuance.
• The project design addresses water quality with a construction erosion control plan
and a post-construction drainage system that includes drainage and percolation
features designed to retain dry weather runoff and minor rain event runoff on-site.
Any water not retained on-site is directed to the City’s storm drain system.
Public Access and Views
• The project site is located between the nearest public road and the sea or shoreline.
Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the
NBMC requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact.
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As identified in the CLUP, the small public beach and park on the street end of Via
Genoa is a public beach access point and is located approximately 110 feet east of
the property. In this case, the project replaces an existing single-family residence on
an RM lot with a new single-family residence. Therefore, the project does not involve
a change in land use, density, or intensity that will result in increased demand for
public access and recreation opportunities. Furthermore, the project is designed and
sited (appropriate height, setbacks, etc.) so as not to block or impede existing public
access opportunities.
•Vertical access to the bay exists throughout Lido Isle, with the closest vertical
access point located at the street end of Via Genoa. Additionally, lateral access is
available on the walkway and small beach in front of the site. The project does not
include any features that would obstruct access along these routes.
•The property is not located adjacent to a coastal view road, public access way, or
coastal viewpoint as identified in the Coastal Land Use Plan (CLUP). The nearest
coastal viewpoint identified by the CLUP is a small park on the street end of Via
Genoa, which is approximately 110 feet east of the property (see Figure 2, below).
As currently developed, the property and other residences along Via Lido Nord are
visible from the channel and within the view shed of the park. However, the proposed
single-family residence complies with all applicable Local Coastal Program (LCP)
development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone.
Figure 2: Park at Via Genoa Street End.
Park
Subject
Property
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ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under Section
15303 under Class 3 of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3 because it has no potential to have a significant effect on the
environment. Class 3 exempts the demolition of up to three single-family residences and
additions of up to 10,000 square feet to existing structures. The proposed project consists
of demolishing an existing single-family residence and constructing a new 3,522-square-
foot single-family residence, which includes an attached 500-square-foot two-car garage
and therefore qualifies within this exemption.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of this exemption. The project location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the city website.
APPEAL PERIOD
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director by the provisions of Title 21 (Local Coastal Program [LCP]
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David Lee, Senior Planner
BMZ/dl
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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01-10-2023
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A
NEW TWO (2)-STORY SINGLE-FAMILY RESIDENCE AND
ATTACHED TWO (2)-CAR GARAGE LOCATED AT 408 VIA LIDO
NORD (PA2022-033)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jacquelyn Gentes (Applicant) concerning property located at
408 Via Lido Nord requesting approval of a coastal development permit. The property is
legally described as Lot 477 and the northwesterly 15 feet of Lot 478 of Tract 907,
excepting therefrom the northwesterly 10 feet of Lot 477 (Property).
2. The Applicant requests a coastal development permit to demolish an existing single-family
residence and construct a new 3,422-square-foot, two (2)-story, single-family residence
with a 500-square-foot two (2)-car garage. The project also includes additional
appurtenances such as site walls, fences, patios, drainage devices, and landscaping. A
modification to the existing seawall is proposed. The design complies with all applicable
development standards, including height, setbacks, and floor area limit; no deviations are
requested (Project).
3. The Property is designated Multiple Residential (RM) by the General Plan Land Use
Element and is located within the Multiple Residential (RM) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Multiple Unit Residential (RM-E) – (30.0 – 39.9 DU/AC) and it is located within the RM
(Multiple Residential) Coastal Zoning District.
5. A public hearing was held on March 16, 2023, online via Zoom. A notice of the time, place,
and purpose of the hearing was given by the Newport Beach Municipal Code (NBMC).
Evidence, both written and oral, was presented to and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures) because it has no potential to have a significant effect on
the environment.
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01-10-2023
2. Class 3 exempts the demolition of up to three (3) single-family residences and additions
of up to 10,000 square feet to existing structures. The Project consists of the demolition
of one (1) single-family residence and the construction of a new 3,501-square-foot
single-family dwelling and an attached 500-square-foot two (2)-car garage.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
By Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the NBMC,
the following findings, and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development standards
including, but not limited to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is 4,363 square feet. The Project includes 3,422
square feet of livable area and an attached 500-square-foot two (2)-car garage.
The Multiple Residential (RM) zoning category excludes 200 square feet from the
total gross floor area per required parking space devoted to enclosed parking.
Therefore, the gross floor area is 3,522 square feet and complies with the
maximum floor area limitation.
b. The proposed development provides the minimum required setbacks, which are 4
feet along the front property line abutting Via Lido Nord and 3 feet along each side
property line. There is no required setback along the front property line abutting the
shore.
c. The highest two (2)-story roofline is no more than 24 feet from the established
grade level of 11.45 feet based on the North American Vertical Datum of 1988
(NAVD 88), which complies with the maximum height limitation.
d. The Project includes enclosed garage parking for two (2) vehicles, which complies
with the minimum two (2)-car parking requirement for single-family residences with
less than 4,000 square feet of habitable floor area.
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01-10-2023
2.The neighborhood is predominantly developed with two (2)-story, single- and multi-
family residences. The proposed design, bulk, and scale of the development are
consistent with the existing neighborhood pattern of development.
3.A Coastal Hazards Report and Sea Level Rise Analysis was prepared by PMA
Consulting, Inc. dated January 27, 2022, for the Project. The current maximum bay
water elevation is 7.7 NAVD 88. The report analyzes future sea level rise scenarios
assuming a 3.05-foot increase in the maximum water level over the next 75 years (i.e.,
the life of the structure). Therefore, the sea level is estimated to reach approximately
10.75 feet NAVD 88 (the likely range for sea level rise over the 75-year design life of the
structure based on low-risk aversion estimates for sea level rise provided by the State
of California, Sea Level Rise Guidance: 2018 Update).
4.On March 23, 2021, the City Council approved updated Waterfront Project Design
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
The guidelines require that any bulkhead structure permitted within the years 2021
through 2025 must have a minimum bulkhead elevation of 10.9 feet NAVD 88 with a
design for adaptability elevation of 14.4 feet NAVD 88. The existing seawall elevation is
12.8 feet NAVD 88 and is adaptable to 14.4 feet NAVD 88. The Project includes the
alteration of the existing seawall, which includes removing a portion of the seawall to
provide a private walkway that leads to the shore. The stairs of the walkway are located
on private property and the top of concrete deck is 11.04 feet NAVD 88. Both the existing
retaining wall and new concrete deck are above the minimum 10.9 feet NAVD 88
required. The Coastal Hazard Report concludes that the seawall, as altered, will not
require additional shoreline protective devices as the existing wall is adequate and can
be raised to 14.4 feet NAVD 88, making the Project safe from flooding hazards for the
next 75 years.
5.The finish floor elevation of the proposed single-family residence is 11.4 feet NAVD 88,
which complies with the minimum 9.0-foot NAVD 88 elevation standard.
6.Under NBMC Section 21.30.030(C)(3)(i)(iv), the property owner will be required to agree
with the City waiving any potential right to protection to address situations in the future in
which the development is threatened with damage or destruction by coastal hazards (e.g.,
waves, erosion, and sea level rise). This requirement is included as a condition of approval
that will need to be satisfied before the final building permit inspection.
7.The property owner will be required to acknowledge any hazards present at the site and
unconditionally waive any claim to damage or liability against the decision authority,
consistent with NBMC Section 21.30.015(D)(3)(c) – (General Site Planning and
Development Standards). This requirement is included as a condition of approval that will
need to be satisfied before the issuance of building permits.
8.The Property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved before the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
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01-10-2023
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC before building permit issuance.
9. The Property is located adjacent to coastal waters. A Construction Erosion Control Plan
was provided to implement temporary Best Management Practices (BMPs) during
construction to minimize erosion and sedimentation and to minimize pollution of runoff and
coastal waters derived from construction chemicals and materials. The Project design also
addresses water quality through the inclusion of a post-construction drainage system that
includes drainage and percolation features designed to retain dry weather and minor rain
event runoff on-site. Any water not retained on-site is directed to the City’s storm drain
system.
10. Under Section 21.35.050 (Water Quality and Hydrology Plan) of the NBMC, due to the
proximity of the development to the shoreline and the development containing more than
75 percent of impervious surface area, a Water Quality and Management Plan (WQMP) is
required. A preliminary WQMP has been prepared for the Project by Forkert Engineering
and Surveying, Inc., dated December 10, 2021. The WQMP includes a polluted runoff and
hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to
retain the design storm runoff volume on-site, and documentation of the expected
effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance
with the approved WQMP before building permit issuance.
11. The Project design addresses water quality with a construction erosion control plan and a
post-construction drainage system that includes drainage and percolation features
designed to retain dry weather runoff and minor rain event runoff on-site. Any water not
retained on-site is directed to the City’s storm drain system.
12. The Property is not located adjacent to a coastal view road, public access way, or coastal
viewpoint as identified in the Coastal Land Use Plan (CLUP). The nearest coastal
viewpoint identified by the CLUP is a small park on the street end of Via Genoa, which is
approximately 110 feet east of the Property. As currently developed, the Property and
other residences along Via Lido Nord are visible from the channel and within the view shed
of the park. However, the proposed single-family residence complies with all applicable
Local Coastal Program (LCP) development standards and maintains a building envelope
consistent with the existing neighborhood pattern of development. Additionally, the Project
does not contain any unique features that could degrade the visual quality of the coastal
zone.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1. The Property is located between the nearest public road and the sea or shoreline. Section
21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires
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01-10-2023
that the provision of public access bear a reasonable relationship between the requirement
and the Project’s impact and be proportional to the impact. As identified in the CLUP, a
small park on the street end of Via Genoa is a public beach access point and is located
approximately 110 feet east of the Property. In this case, the Project replaces an existing
single-family residence located on an RM lot with a new single-family residence. Therefore,
the Project does not involve a change in land use, density, or intensity that will result in
increased demand for public access and recreation opportunities. Furthermore, the Project
is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
2. Vertical access to the bay exists throughout Lido Isle, with the closest vertical access
point located at the street end of Via Genoa. Additionally, lateral access is available on
the walkway and small beach in front of the site. The Project only involves work on
private property and does not include any features that would obstruct access along
these routes.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) because it has
no potential to have a significant effect on the environment and the exceptions to the Class
3 exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Coastal
Development Permit, subject to the conditions outlined in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director by the provisions of Title 21 Local Coastal Program
(LCP) Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of
the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MARCH, 2023.
_____________________________________
Jaime Murillo, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Before the final building permit inspection, the reconstructed seawall shall be
constructed to an elevation of 12.8 feet NAVD 88 with the capability to be raised up to
14.4 feet NAVD 88, in compliance with the City of Newport Beach Waterfront Project
Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities.
3. Before the final building permit inspection, an agreement in a form approved by the City
Attorney between the property owner and the City shall be executed and recorded
waiving rights to the construction of future shoreline protection devices including the
repair and maintenance, enhancement, reinforcement, or any other activity affecting the
bulkhead, that results in any encroachment seaward of the authorized footprint of the
bulkhead or other shoreline protective device. The agreement shall be binding against
the property owners and successors and assigns.
4. Before issuance of building permits, the property owner shall submit a notarized signed
letter acknowledging all hazards present at the site, assuming the risk of injury or
damage from such hazards, unconditionally waiving any claims of damage against the
City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs, and expenses (including without limitation,
attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to City’s approval of
the development. This letter shall be scanned into the plan set before building permit
issuance.
5. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or result in impacts to environmentally sensitive habitat areas, streams, the
beach, wetlands or their buffers. No demolition or construction materials shall be stored
on public property.
6. This Coastal Development Permit does not authorize any development seaward of the
private property.
7. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA:
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A.The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B.It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest
and determine when the nest is no longer active.
8.Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
9.The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
10.Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
11.Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
12.Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
13.The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
14.The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused by the revocation of this
Coastal Development Permit.
15.This Coastal Development Permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained are detrimental to the public health, and welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
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Zoning Administrator Resolution No. ZA2023-###
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16. Before issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
17. Before issuance of building permits, the Applicant shall submit a final drainage and
grading plan. The plan shall be subject to review and approval by the Building Division.
18. Before issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
19. Before issuance of building permits, the final WQHP/WQMP shall be reviewed and
approved by the Building Division. The implementation shall comply with the approved
WQHP/WQMP and any changes could require separate review and approval by the
Building Division.
20. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity—
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
22. Before the issuance of building permits, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
23. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
24. This Coastal Development Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the
NBMC unless an extension is otherwise granted.
25. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of the Boone Residence, including, but not limited to
the Coastal Development Permit (PA2022-033). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees,
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01-10-2023
and other expenses incurred in connection with such claim, action, causes of action, suit,
or proceeding whether incurred by the Applicant, City, and/or the parties initiating or
bringing such proceeding. The Applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages, which the City incurs in enforcing the indemnification
provisions outlined in this condition. The Applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit
(PA2022-033)
408 Via Lido Nord
Subject Property
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Attachment No. ZA 3
Project Plans
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